The High Court has today, Thursday, July 31, delivered a significant ruling in the long-running Anglo-Leasing scandal, overturning the acquittal of businessmen Deepak Kamani and his brother, Rashmi Kamani, along with three former Permanent Secretaries.
The decision means the high-profile suspects must now face trial again over graft allegations involving a staggering Ksh3.5 billion.
Those ordered back to court include former Permanent Secretaries Dave Mwangi, Joseph Magari, and Joseph Onyonka.
They stand accused of conspiring to defraud the government through a controversial project for the modernization of police security equipment and accessories.
This High Court directive comes after the Director of Public Prosecutions (DPP) successfully appealed a previous ruling by Milimani Chief Magistrate Felix Kombo.
Magistrate Kombo had acquitted all five accused on January 19, 2024, citing insufficient evidence to place them on their defence.
However, High Court Judge Benjamin Musyoki determined that the prosecution had indeed presented enough evidence to warrant a full trial.
The court highlighted claims that the former government officials approved the project despite no money being set aside for it in the national budget.
"I hereby set aside the acquittal by the trial magistrate of January 19, 2024, and order the accused persons to be put off their defence on counts 2,3,4,6,7," Justice Musyoki ordered.
In July 2023, Kamani, his brothers, and three others had been cleared by a magistrate since there was no evidence in the Ksh3.5 billion deal involving the supply of police security equipment. But Thursday’s decision now cancels that acquittal and orders a new trial.
According to the judge, the testimony from 37 witnesses showed that the security equipment, which was meant to be delivered by the company allegedly owned by Kamani, was never delivered.
He said that the National Police Service, which was supposed to receive the equipment, did not present its then-commissioner Edwin Nyasenda as a witness.
The court ordered Kamani's brother to explain why they received the money. Musyoki said the funds were paid into an account and that they must have known the money was from illegal activities.
The Kamani brothers, however, denied any links to that Corporation, which was registered in Mauritius on January 8, 1998.
The court was informed that the Kamanis' family was selected directly by the government to supply equipment to the Kenya Police laboratory without following proper procurement procedures.
Justice Musyoki has, however, directed all five accused to appear before the Milimani Anti-Corruption Chief Magistrate Court to defend themselves since he believes there is enough evidence for the case to proceed.
